When Can Child Custody Be Modified?

While divorces are final the fact that an order has been marked permanent or final does not necessarily mean that it cannot be modified and changed. In fact, with compelling reasons child custody and child support can both be altered.

Child Custody Orders Can Be Modified Due To Relocation

Parents have entered an agreement of custody based on the circumstances at the time. If one parent relocates to an area that makes the original custody arrangement impossible, this can merit a change in custody and visitation. Either parent can bring a motion to modify a child custody order.

The parent’s motive for the move and how the relocation will affect the child are taken into consideration as well as whether:

The relocation will improve the child’s life

The custodial parent will comply with the visitation modification

The noncustodial parent will fight the modification

The modification will positively affect the child’s relationship with the noncustodial parent

The court will decide if a relocation is in the child’s best interest.

Modifying Visitation Due To Life Circumstances

Circumstances change. Your child may have new after-school activities or you may have a new job with a different work schedule. If a life or work change affects your parenting time and it is in the best interests of your child, our attorneys can help you modify your visitation arrangement. There are several factors besides relocation that are taken into consideration when seeking visitation modification. These factors include the child’s age, stability and wishes. A history of domestic violence and the emotional and physical health of all of the parties involved are also taken into account. An experienced family law attorney can advise you on the best path to seeking a visitation modification.

Enforcement Of The Child Custody Or Visitation Agreement

Custody orders are not suggestions. Parents have a legal right to see and spend time with their child as per the visitation agreement. Refusing to comply can mean facing contempt of court, enforced make-up visits, fines or even jail time. Frequently canceled visits or visitation prevention are issues that require the help of an experienced family law attorney.